Wednesday, February 10, 2010

Who will own the foreshore under proposed changes to the S&B Ac...

Neither the Government nor Maori would own the nation's beaches under a proposal to settle the dispute over laws governing the foreshore and seabed.

The proposal is one of several on the table, the Government told the Iwi Leaders Forum at Waitangi.

It is understood Maori kaitiakitanga (guardianship) over an area - which would allow greater decision-making by tangata whenua - could also be provided for if the 2004 Foreshore and Seabed Act is repealed.

The act gave ownership to the Crown and denied Maori the chance to test their claims to the foreshore and seabed in court.

Repealing the legislation is the issue that brought the Maori Party into Parliament, and a degree of realism on both sides could see that happening this year, Prime Minister John Key has said.

Sources close to negotiations have said it would be a huge shift for the Crown to take the foreshore and seabed off its books, but this was a crucial starting point for a new law because it would emphasise "shared" interests.

"It's a Treaty partnership working in action without the [ownership] hassles around it," one source said. [Therefore] everyone's rights are protected."